In the media – National
Cities to get more sustainable with smart communities
code
Smart Cities Council Australia New Zealand
(SCCANZ) and the GBCA announce a partnership to
develop a Code for Smart Communities. SCCANZ Executive Director,
Adam Beck, says "the Code will provide important, voluntary
guidance to the development industry and include the necessary
scoping issues, metrics and model language for the planning, design
and delivery of smart communities" (05 July 2017).
More...
Green Star update signals industry shift towards carbon
zero
The Green Building Council of Australia has updated its Green Star
tools to prioritise carbon reduction, in another signal that
industry is gearing up for a push towards carbon zero commercial
buildings. There are now minimum greenhouse gas requirements, with
5 Star Green Star buildings needing to obtain three Greenhouse Gas
Emissions credit points (04 July 2017).
More...
Commercial Building Disclosure Program
Extension
From 1 July all commercial building spaces of 1,000m² or more
must have their energy efficiency rating disclosed when selling,
leasing or subleasing. The extension to the Commercial Building
Disclosure (CBD) Program from 2,000m² to
1,000m² means that another 1,000 commercial office buildings
are affected by the CBD requirements (30 June 2017).
More... More...
Commercial buildings get new NABERS and save on energy
costs
From 1 July 2017, the Commercial Building Disclosure
(CBD) Program will extend to commercial building
spaces of 1,000 square metres and more, helping more businesses
save on their energy costs. The Turnbull Government is expanding
the program, which provides accessible information on the running
costs of a commercial building, to smaller commercial office
buildings (29 June 2017).
More...
Census reveals the consequences of a growing housing
affordability crisis
The 2016 Census has revealed more people are renting, mortgage debt
is growing and the number of large households is increasing, as
housing affordability crises grip multiple cities across the
country. Housing owned outright fell from 41.4 per cent in 1991 to
31 per cent in 2016. Homes with mortgages, meanwhile, rose to 34.5
per cent in 2016 from 27.5 per cent in 1991, and renting went from
26.9 per cent in 1991 to 30.9 per cent in 2016 (27 June 2017).
More...
London cladding prompts fire safety awareness for
Australian unit owners
With discussions of the London Grenfell Tower fire turning to the
apartment complex's cladding as the reason why the fire flared
up, a strata company is calling for unit owners to use this
incident as a reminder to inspect their own properties for fire
hazards (23 June 2017).
More...
Emissions scheme would threaten energy stability,
Frydenberg says
http://www.abc.net.au/news/2017-06-01/frydenberg-says-emissions-scheme-would-punish-generators/8581176">
The Government places energy security at the centre of its
opposition to an Emissions Intensity Scheme, claiming it would
quickly force out coal generators and lead to more instability in
the system (01 July 2017). More...
Consumers becoming smarter about energy
use
The uptake in distributed solar generation and use of energy
efficient appliances will keep grid-supplied electricity
consumption stable for the next 20 years despite a projected 30 per
cent increase in population and assumed average growth in the
Australian economy, according to the recently released electricity
forecast update from the Australian Energy Market Operator
(AEMO) (30 June 2017).
More...
Illegal recreational fishing fine increased to
$2,100
Recreational fishers caught poaching from no-take areas in the
Great Barrier Reef will face higher penalties from this weekend,
with fines increasing from $1,800 to $2,100 (30 June 2017).
More...
Coal or coral? The Queensland Government seems
undecided
The Great Barrier Reef is worth $56bn, according to Deloitte Access
Economics, but does the Adani's Carmichael coalmine fit into
it. The Deloitte Access Economics report identifying the social,
economic and iconic asset value of the Great Barrier Reef at $56
billion (28 June 2017).
More...
What the 2016 census reveals about
property
The latest snapshot from the 2016 census has been unveiled,
revealing details of Australia's overall property market, and
how much we're paying in rent and mortgages (28 June 2017).
More...
Council recycling up 25%
The mobile phone industry's product stewardship program
MobileMuster has commended the efforts of local councils who have
dramatically increased their collections and helped make recycling
more accessible to the community (27 June 2017).
More...
In the media – Victoria
Victoria forms cladding taskforce to stamp out building
fires
A new taskforce has been formed to investigate flammable cladding
on Victoria's buildings after the State Government gave the
order in response to audit results and recent building fire cases.
The VBA has audited more than 200 city properties for the
combustible material (04 July 2017).
More...
Future uses of coal in Victoria
The Andrews Labor Government has unveiled a new policy that will
drive investment, create jobs and balance environmental needs in
future Victorian coal projects. The Statement on Future Uses of
Brown Coal provides clarity to industry and local communities about
uses of Victoria's brown coal reserves in a low-emissions
setting. The final Victorian standard will be regulated under the
Environment Protection Act 1970 (07 July 2017).
More...
Ararat Wind Farm powering ahead
Premier Daniel Andrews and Minister for Energy, Environment and
Climate Change Lily D'Ambrosio visited the 240MW wind farm,
which is generating enough electricity to power over 120,000
Victorian homes. The Victorian Government has set Victoria's
Renewable Energy Target of 25 per cent by 2020 and 40 per cent by
2025 (27 June 2017).
More...
In the media – New South Wales
Size of major proposed NSW wind farm to be reduced to
allay concerns
A company planning what could be one of Australia's biggest
wind farms has cut the number of proposed turbines to minimise the
impact on nearby landowners (06 July 2017).
More...
Department seeks community input on improving
environmental impact assessments
The community has a chance to improve the way state significant
projects are assessed during workshops to gather feedback on new
draft Environmental Impact Assessment (EIA)
guidelines (05 July 2017).
More...
NSW Government planning legislation changes aim to
prevent development delays
The Government proposes to amend the legislation so it is
explicitly clear that staged development applications can include
only a concept approval and a single subsequent detailed
application. The Court of Appeal ruled last week that the
development consent for the Walsh Bay Arts Precinct was invalid on
the grounds that it was not a "staged development
application" and proposed only one subsequent detailed
development application (DA) (03 July 2017).
More...
Revealed: New BASIX energy targets
Part of the government's initiative to reduce energy use and
greenhouse gas emissions, the BASIX changes will improve the energy
efficiency of homes in NSW, resulting in lower utility bills for
residents, and reduced environmental impact (30 June 2017).
More...
Do you live in one of Sydney's 15 new Priority
Precincts
Priority Precincts are areas generally located around transport
corridors or strategic centres and have broad social, economic and
environmental significance for the community. The Department will
be working closely with the community, councils and other
stakeholders to provide a range of opportunities to participate in
planning (28 June 2017).
More...
The changes to ePlanning tools and services you need to
know
With the release of the Simplified Housing Code, and the expansion
of planning services coming soon to the NSW Planning Portal, the
Electronic Housing Code will be decommissioned (28 June 2017).
More...
NSW housing approvals continue to soar
In less than eight years there has been a 194 per cent increase in
approval numbers, fuelled by the growth in multi-units including
townhouses and apartments (28 June 2017).
More...
Nyngan Solar Farm opens to the public
Visitors are welcome at one of the largest operating solar farms in
the southern hemisphere. The solar farm generates power for the
Central West region of NSW, including east Dubbo and west Cobar.
Since it opened in June 2015, Nyngan has been joined by solar farms
in Broken Hill and Moree (28 June 2017).
More...
In the media – Queensland
Regional Council waives fees to incentivise infill
development
Moreton Bay Regional Council has created a new policy in order to
incentivise infill development. Commencing 1 July 2017, Council
implemented the policy which waives application fees and
infrastructure charges for a range of developments within targeted
areas in Strathpine, Caboolture and along the Redcliffe Peninsula
Rail Corridor (06 July 2017).
More...
Moreton Bay, Sunshine Coast and Unitywater incentivise
greater infill
Moreton Bay Regional Council, Sunshine Coast Council and Unitywater
are offering incentives to developers who invest in infill
development in targeted areas across the two regions. The
development incentives policies offer reductions in infrastructure
charges for infill development in Strathpine, the Redcliffe
Peninsula Corridor (i.e. along the Strathpine to Kippa Ring rail
corridor), Caboolture, Nambour and Caloundra (05 July 2017).
More...
73 hectare breakwater community set to connect Gold
Coast Regions
Australian property developer Walker Corporation has submitted a
development application for a 73 hectare master-planned community
that will connect Robina, Merrimac and Gold Coast City
Council's planned Green Heart Parklands (06 July 2017).
More...
Yeerongpilly Green to bloom with $30 million in parks
and public infrastructure
The Palaszczuk Government has invested $30 million in community
infrastructure and green space for the new $850 million
master-planned Yeerongpilly Green development. Deputy Premier and
Minister for Infrastructure and Planning Jackie Trad said the $30
million investment would be delivered under an historic cooperative
agreement between the Queensland Government and Brisbane City
Council (04 July 2017)
More...
Better planning for Queensland starts
today
The Palaszczuk Government's new planning system has commenced
today ensuring the community is at the forefront of the planning
process across Queensland. The new system heralds a new era for
planning in Queensland, with the Planning Act 2016,
replacing the existing Sustainable Planning Act 2009, to
create a new, simplified planning system that is easier to navigate
for the community, local government and industry alike (03 July
2017).
More...
Securing Townsville's Water Supply
The Palaszczuk Government has thanked the Townsville Water Security
Taskforce for their Interim Report, and is pleased the $225 million
it has previously committed will provide water supply security for
Townsville (30 June 2017).
More...
Heritage plan adopted for Queensland cultural
icon
The heritage values of Queensland's Cultural Centre will be
protected under a new Conservation Management Plan that will guide
future planning and development in the area (29 June 2017).
More...
Farmers save through Energy Savers audits
Potential power bill savings in excess of $3 million have been
identified in the audits of Queensland farming enterprises through
the Energy Savers program – a joint initiative of the
Palaszczuk Government and industry (27 June 2017).
More...
Subdivision activity up
Ipswich City Council has released its latest
planning and development quarterly activity report covering
January to March this year. Redbank Plains, Walloon, Brassall,
Silkstone, and Spring Mountain were the hot spots for new lot
creation (23 June 2017).
More...
In practice and courts – Commonwealth
Foreign Ownership of Water Entitlements
From 1 July 2017, the Australian Government is introducing a new
water entitlements register to increase transparency around foreign
investment in Australia. Foreign persons with registrable water
entitlements or contractual water rights may need to notify the
ATO. A new registration form is available here for foreign
persons to register their water holdings. This website also
contains information on a series of Water register webinars being
promoted by the ATO (07 July 2017).
Inquiry into the Australian Government's role in the
development of cities
The inquiry will investigate potential for the Commonwealth
Government to provide leadership and coordinate longer-term
national city planning and will be split into two sub-inquiries:
Sustainability transitions in existing cities and Growing new and
transitioning regional cities and towns. Submissions are open until
31 July 2017. For more information about how to make a submission,
contact the Committee
secretariat. Further information on the inquiry, including the
full
terms of reference, is available on the
Committee website.
NELA National Conference: Addressing Past Harm, Managing
Future Risks, Brisbane 4 August 2017
This year's conference brings together a range of experts to
discuss the state of Australia's environment, how various
States are addressing past impacts, and innovative mechanisms being
explored to avoid future harm. Examining mining rehabilitation,
groundwater management, climate risk disclosure, sustainable
business practices and much more. More...
In practice and courts – Victoria
Landmark legislation to protect the Yarra
River
Landmark legislation to protect and enhance the
Yarra River for future generations was introduced into State
Parliament on Thursday 22 June. It is the first Bill in Victoria to
include the language of Traditional Owners, in recognition of their
custodianship of the river and connection to the land through which
the river flows (29 June 2017).
Have your say on the West Gate Tunnel
An Environment Effects Statement, works approval application, and
draft planning scheme amendment for the West Gate Tunnel Project
are on public exhibition. Submissions are open until 10 July 2017.
More...
In practice and courts – New South Wales
Community Consultations on Exhibition
Plans
Revised Sydenham to Bankstown Urban Renewal Corridor
Strategy
Open 25/06/2017; Close 03/09/2017.
Policies
Environmental Impact Assessment Improvement Project draft
guidelines
Close 01/09/2017.
Proposed amendment to Environmental Planning and Assessment Act
1979 (the Act)
Close 24/07/2017.
Sydenham to Bankstown urban renewal corridor
strategy
Department of Planning and Environment (NSW): 25 June
2017
It is estimated that Sydney's population will grow by
approximately 1.7 million people over the next 20 years. To meet
the needs of a bigger population, 725,000 new homes and 817,000 new
jobs need to be provided within the Sydney metropolitan area.
More...
In practice and courts – Queensland
Works for Queensland Program: second round
Councils are encouraged to nominate projects for the second round of funding by 28 July 2017. All approved projects are expected to be completed by June 2019. The Works for Queensland Program is part of the State Infrastructure Fund. More...
Release of the Guide to Traffic Impact
Assessment
The Department of Transport and Main Roads has released its new
Guide to Traffic Impact Assessment (GTIA),
which provides guidance for development proponents on how to assess
the traffic impacts of a proposed development on the
state-controlled road network. In line with the commencement of the
State's
new planning framework, the GTIA came into effect on Monday, 3
July. The GTIA will replace the existing
Guidelines for Assessment of Road Impacts of Development
(GARID), which has been under review for several
years (03 July 2017).
New era for planning in Queensland
Queensland's new
planning framework took effect on Monday, 3 July.
The following Acts came into effect on 3 July 2017:
Planning Act 2016
Planning and Environment Court Act 2016
Planning (Consequential) and Other Legislation Act
2016
Supporting instruments developed alongside the new legislation
also came into effect on 3 July. These are:
State Planning Policy (the SPP)
State Development Assessment Provisions
(SDAP)
Minister's Guidelines and Rules
(MGRs)
The
Planning Regulation 2017
The Department has also unveiled a new website to assist stakeholders in navigating the new system.
Department of State development
Bromelton SDA Draft Development Scheme – closing date 02
August 2017.
Infrastructure, Planning and Natural Resources
Committee
Land Access Ombudsman Bill 2017 - The committee is
required to report by 7 August 2017.
Cases – Victoria
Grub Food Van Pty Ltd v Yarra CC [2017] VCAT
850
Section 77 Planning and Environment Act 1987; Yarra
Planning Scheme; Amendment to existing permit pursuant to Section
72 Planning and Environment Act 1987; Existing food and
drink premises; Proposed Function centre; Hours of operation;
Patron Numbers; Sale and consumption of liquor.
Court v Greater Shepparton CC [2017] VCAT
884
Section 82 of the Planning and Environment Act 1987;
Greater Shepparton Planning Scheme; Industrial 1 Zone; Depot and
Garden Supplies; Relationship with Land in a General Residential
Zone; Relationship with Land in a Public Park and Recreation Zone;
Cussen Park; Existing Dwelling; Future Dwelling.
Cases – New South Wales
Fife Capital Pty Ltd v Cumberland Council [2017]
NSWLEC 1354
DEVELOPMENT APPEAL: consent sought for bulk earthworks –
impact on endangered ecological community – whether a species
impact statement is required – required buffer to Prospect
Creek – required buffer to vegetation community – land
zoned for industrial and environmental purposes.
Terra Ag Services Pty Ltd v Griffith City Council
[2017] NSWLEC 1355
DEVELOPMENT APPLICATION – refusal – characterisation
– rural supplies business or heavy industrial storage
establishment – dominant and servient use does not arise in
this case – more than one purpose.
Penrith City Council v Konemann [2017] NSWLEC
79
CIVIL ENFORCEMENT – whether semi-rural land used for
prohibited innominate purpose – whether land used for
prohibited purpose of junk yard and/or storage premises or waste or
resource management facility – whether applicant bears onus
to prove the absence of development consent – whether
applicant required to prove use for a particular innominate
prohibited purpose – whether alleged prohibited use ancillary
to lawful residential use.
PRJM Pty Ltd v Hawkesbury City Council [2017]
NSWLEC 1339
DEVELOPMENT APPLICATION: subdivision - inconsistent with some aims
of the local environmental plan - inconsistent with some objectives
of the zone - impact on existing vegetation - inappropriate method
of disposal of sewage - inadequate arrangements for water supply,
stormwater disposal, waste collection and road access –
appropriate conditions of consent.
Karimbla Properties v Council of the City of Sydney;
Bayside City Council; and North Sydney Council [2017] NSWLEC
75
CONSTRUCTION AND INTERPRETATION – proper construction of
s.516(1)(a) of the Local Government Act 1993 –
correctness and applicability of decision in Meriton Apartments
Pty Ltd v Parramatta City Council [2003] NSWLEC 309 –
applicability of the Recovery of Imposts Act 1962 –
Court's jurisdiction to order payment or repayment of money.
RATING – whether vacant land to be classified as
"residential" or "business".
Cases – Queensland
Hancock
Galilee Pty Ltd v Currie & Ors [2017] QLC
35
Application for a mining lease and objections to its grant,
objections to environmental authority.
Colman v Department of National Parks, Sports and Racing
[2017] QCAT 209
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where decision
to refuse application for private use pontoon. ENVIRONMENT AND
PLANNING – PARKS AND RESERVES – RESTRAINT OF ACTIVITIES
WITHIN PARKS AND RESERVES – where declared marine park
– where main purpose of zoning plan to conserve marine
environment – where zoning plan did not list private pontoon
as use within habitat protection zone – where uses within
each zone and across zones are to be read together to achieve
objects of Act of a comprehensive and integrated strategy for use
of the park to conserve the marine environment – where a use
specifically listed within a lesser protected zone cannot be
imported into a more protected zone without the same wording
– where extending the generic wording of 'another
purpose' or 'low impact activity' to include a private
pontoon would render the specific wording that includes it in the
general use zone as meaningless and run contrary to ascending order
of protection – where Legislature shown intent for private
pontoon to be permitted in general use zone only by specifically
including it in that zone and not habitat protection zone –
where this interpretation consistent with framework of Act and
objects of each zone.
Legislation - Commonwealth
Acts
Native Title Amendment (Indigenous Land Use Agreements) Act 2017 Act No. 53 of 2017 – 26 June 2017.
Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment Act 2017 Act No. 67 of 2017 – 26 June 2017.
Legislation – New South Wales
Regulations and other miscellaneous instruments
Civil and Administrative Tribunal Amendment (Fees) Regulation
2017
(2017-303) — published LW 30 June 2017.
Civil Procedure Amendment (Fees) Regulation 2017
(2017-304) — published LW 30 June 2017.
Environmental Planning and Assessment Amendment (Fire Safety and
Building Certification) Regulation 2017
(2017-307) — published LW 30 June 2017.
Bills assented to
Electronic Transactions Legislation Amendment (Government
Transactions) Act 2017
No 25 — Assented to 27 June 2017.
For the full text of Bills, and details on the passage of Bills, see Bills.
Legislation – Queensland
Subordinate legislation as made
No 103:
Planning (Consequential) and Other Legislation Amendment
Regulation 2017 – 30 June 2017 – This
regulation, other than part 20, commenced on 3 July 2017 - The
policy objective of this regulation, as described in its
explanatory notes, is to ensure consistency of existing subordinate
legislation with the Planning Act 2016 and the
Planning (Consequential) and Other Legislation Amendment Act
2016, both of which were scheduled to commence on 3 July 2017,
which objective is effected by amending the 48 regulations and
other instruments of subordinate legislation listed in the
regulation.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
